In its final decision of 2017 an en banc panel of the Appellate Division consisting of seven ALJs unanimously denied an appeal brought by an employee in a case in which a claim of a gradual mental injury had been denied.  In Henderson v. Town of Winslow, Me. W.C.B. No. 17-46 (App. Div. 2017), the… Read more »

In its second workers’ compensation opinion of the year, the Law Court has addressed determination of employment status in a unique factual context.  In Huff v. Regional Transportation Program, 2017 ME 229 (December 12, 2017), the petitioner volunteered as a driver for a non-profit agency which provided transportation services to disabled and low-income clients.  At… Read more »

In Bailey v. City of Lewiston, 2017 ME 160, 168 A.3d 762, the Law Court ruled that after a PI determination has been made by the Board, an employer cannot seek to lower the assessment in a subsequent proceeding based upon a change in medical condition.  However, in its opinion the Court in the broadest… Read more »

Shortly after the Law Court’s landmark decision in Bailey v. City of Lewiston, 2017 ME 160 (July 20, 2017), the Appellate Division has had an opportunity to apply the holding of that decision in a claim involving an attempt to revise a prior PI determination.  The Bailey decision is extremely significant, as the Court held… Read more »

It has long been recognized that when the amount of entitlement to benefits for incapacity has been established by Board decree, that determination may later be revised based upon evidence of a change of economic circumstances.  A recent decision of the Appellate Division addressed the issue of whether work search evidence, without more, can be… Read more »

Incapacity benefits are based upon the pre-injury average weekly wage, which in most cases is the average of the employee’s earnings received during the 52-week period preceding the injury. In the vast majority of cases earnings received during this period are simply averaged together and the resulting figure is deemed to reflect what the employee’s… Read more »

Section 214(1)(A) provides employers with a strong mechanism for controlling costs in compensation claims.  Specifically, if an employer extends an offer of reasonable employment to an injured employee who is out of work due to an injury, and if the employee refuses that offer without good cause, the employee “is no longer entitled to any… Read more »